Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-07-07

instance. "appoaIed at the bar Of this court
and stated that he was also counsel for
CHARLES l.. Todd; that the said protest was
read at the said sale by his advice; that he
hCld himsClf responsible therefor, and had
no apology TO make, it Is ordered that the
said Robert G.. Scott show cause before tbi.
court on the 2d day OF July. 1887, at II
A. NJ, if any be can. why he should not bc
attached for contempt Of count in and about
the matter OF the said protest"
OPINION.
The defendant has filed an answer
under cath which raises the question
whether upon the face of the record a
contempt has been committed, which
can be furnished III a summary man
ncr ana IN the same answer he re-
spends to the questions of fact raised
by the rule in language which will be
set out with some detail in the latter
part of this opinion.
The legal question whether judicial
sales can lawfully be resisted or oh.
stTucted will be first discussed, and
then the rule will be disposed OF upon
the facts sworn to by the defendant in
his answer.
A large portion of the property of
this city is every year sold under de
crees in chancery, and it is important
that this question shall be definitely
settled
Courts of justice ia this enlightened
age and country are looked to with a
feeling of absolute security for the
protection of the life, liberty, and pro-
perty of the citizen. The rights Of
no person are adjudicated without Civ
ing him day in court and the oppor-
tunity TO be heard in person or by
counsel. The judgments of the Court
are rendered after careful examination
Of the facts and circumstances in each
case and mature consideration of tse
law applicable thereto and when the
opinion of ,he Court is pronounced and
the decree is entered upon the records
the rights Of the parties are determined
in solemn form.
The mode of correcting errors made
by inferior courts is prescribed by law
Any party may apply for an appeal or
appeal and SUpCrScdc0S. and when an
appeal is allowed the question whether
the lower court may proceed depends
upon the terms of the order granting
the appeal or appeal and supcrSedcas,
and the lower court must respect and
obey the order in every particular.
In the Gallego cases the honorable
Judge of the Supreme Court who grant
ed the appeal refused to make it a
unless the appellant exc
cuted a bond in the penalty of $4,000,
which would have made him answer
able for all damages upon an
of the decree of this court.
The appellant elected TO take an appeal
without supersedCGS and gave bond
only in the penalty of 81, 900 for the
of costs The decree Of this
court remained, therefore, IN fall force
and virtue, and it wss proper for the
commissioners to proceed with the sale
If the property. Charles l.. Todd was
/, party to the causes in which the de-
rec Of sale had been entered. His
tights had been fully heard and deter
mined and he had no greater right to
,bstruct the sale of the Gallego proper
v than any party TO any other ohsncsry |
'ause has TO protest against and OBJ
truct the sale of property under q de-
,ree in which his rights have been sSju
heated ; and the attorney for Mr.. Todd |
TODD upon the same footing. The
'ourt is the vendor of property sold un.
Ter its DEGREES. The commissioners
,hering the property are its hands the
means by and through which it acts,
nd carries out and efectuates its de-
rees; and when these officers of the
ourt are resisted and obstructed in the
discharge of their duties, the court H.
eli is obstructed and the parties offer
ng the resistance make themselves liza
lie to fine and imprisonment-the
mount and duration of which are not
United by tho statute. The punish
nent may be such as the court, in the
xerciss of a sound legal discretion,
GEMS adequate under the circum-
tances OF each particular case.
The power to fine and i'm
rison for contempt is incident
> every court of record. The courts
r Reccssitate rci have the power OF
rotecting the administration OF justice
ith the promptitude calculated to meet
40 exigency OF the particular case"
judicial sale is grave
nd serious offence. II parties are al
wed to attend the offering OF the
roperty and protest against and OBJ
ruct the due execution OF the decree
[ the court, then purchasers will be
riyen of the property Of suitors will
E sacrsfced judicial sales will become
farce and the authority OF the court
i'll fall into contempt.
Il il trae that the Gellego property